The cluster of documents related to the privilege and powers to state of Jammu and Kashmir is enumerated under article 370 as under temporary provisions. The story of article 370 framing is altogether a story of untold politics and area of legal framework towards the clauses for amendment and making to the date of its abrogation. Nehru with the help of the sheikh Abdullah enumerate this article under Indian constitution. However, this provision is being abrogated by the central government with the clause to open the country for all equally. The article clarifies the importance of the article, depicts how it was disintegrated, and follows the Constitutional advancement of the State and its association with the Union of India from that point. It covers the period from 1946 to 2010. From Jammu and Kashmir’s promotion to India in 1947 to the different exchanges from that point, including Sheik Abdullah’s capture to the encircling of the Constitution of Jammu and Kashmir, and the substitution of Sadar–I–Riyasat.
Article 370 was a combination of all the dramatic and drastic status of state Jammu and Kashmir and their privileges. This article gave the status to Jammu and Kashmir which is located in extreme northern part of India a subcontinent. And this was a bases for the dispute between India, Pakistan, china. Jammu and Kashmir gave rights to having the power to have their own constitution, a state flag, and autonomous over the internal affairs of state. However, the central government evoked this privilege in August 2019 through presidential order. Makers of constitution drafted the said article under part XXI of constitution as temporary, transitional, and special provision. State assembly had all the powers regarding the application of article of Indian constitution or to abrogate article 370 altogether. 1954 presidential order made, specified the article that would apply in the territory of Jammu and Kashmir. Article 35 A states the Jammu and Kashmir state’s residents have separate laws, related to citizenship, ownership of property and fundamental rights. Gives rise to the fact that no one from other state can purchase land or property in the Jammu and Kashmir. On 5th August India witnessed a remarkable constitutional provision in India. President ram nath govind issued an order and suspended the 1954 order. This made all the Jammu and Kashmir special privilege abrogated and applied all the provision of Indian constitution. This was passed 2/3 resolution by both the houses and declared article 370 except clause to be inoperative. Jammu and Kashmir organisation act are passed by parliament which established the division of state into two union territory namely union territory of Jammu and Kashmir and union territory of ladakh reorganisation reschedule take place on 31 October 2019.
THE MAKING OF THE ARTICLE 370
Not everyone is aware about the facts which lead to the establishment the article 370 in Indian constitution privileging the state or misgiving of the makers.
This came in late 1974 when Sheikh Abdullah was prime minister of Jammu and Kashmir by maharaja and Nehru. He took over the Kashmir affairs and set away the home minister Sardar Vallabh Bhai Patel from the state affairs. As a consequence, Nehru was made answerable for the commission and consequences of the state Jammu and Kashmir.
As India was under the British rule of Mountbatten, who inculcated the idea of taking the issue of Jammu and Kashmir to the UN. And on the desire to be the sole ruler of Kashmir sheikh Abdullah persuaded Nehru for a special status of the state. Most important aspect was that article 370 provisions any change can be brought by concurrence of state Jammu and Kashmir assembly.
However, Nehru promised that article 370 would be of temporary attitude. The pre sheikh Abdullah layer over to abolish hereditary monarchy. Redesignate him as sardar-e-Riyasat who was elected by assembly. The text article 370 was finalized by sheikh assembly, Nehru and gopal swamy ayyangay an Ias officer to deal with Kashmir portfolio. He was prime minister for 6 years so he was a person who had a great knowledge working and atmosphere of the state.
Therefore, sardar resigned from the said plan and it was earlier finalised by Nehru along with sheikh Abdullah and Gopala swamy responsibility to pass clause from the constitutient assembly.
Article 370 has been the greatest hindrance to reconciliation of J&K State into Indian Union. That it was joined in the Indian Constitution by the manoeuvre of two people – Sheikh Abdullah and Nehru is even more unfortunate. Nehru needed to eat the modest pie when he needed to capture the Sheik for his disruptive and against national position on 8 Aug 1953 yet he didn’t relinquish his idea of keeping J&K a different substance. In 1957, some top chiefs of National Conference driven by Mr Qasim split the party to form Democratic National Conference (DNC).
Also Read – The Constitutional Status Of Jammu And Kashmir
Frequently overlooked that J&K state is nothing but a homogeneous element. Aside from Valley Muslims, Jammu has a dominatingly Hindu population while Ladakh has a blend of Buddhist and Muslims. At that point you have the Gujjar and Bakarwals. For what reason is Article 370 impeding to the full coordination of J&K state into Indian Union. Initially the Central Government can make laws just with simultaneousness of the State government, for all intents and purposes giving it the Veto control. Article 352 and 360 states about the clauses of national emergency and financial emergency respectively however not applicable to the territory of Jammu and Kashmir. Laws related to anti defection law in not applied to the state. Nobody outside the state of Jammu and Kashmir cannot buy any land of property in the state.
The beneficiary laws such as wealth tax, gift tax, urban land ceiling act and also the laws related of marriage will not operate in the state. Article 356 can be imposed only by the consent of governor. However, given a power to denies defence of country to make cantonment anywhere in site or area.
Article 370, incorporated into the Constitution on a transitory arrangement ought to have been bit by bit revoked. This has not occurred in sixty years. Actually, at whatever point somebody makes reference to this, personal stakes raise a clamour that authentic privileges of Kashmiris are being stomped on upon. Expressed plan of National Conference is come back to pre 1953 status. For what reason should a province of Indian Union have an uncommon status? It passes on an off-base sign not exclusively to Kashmiris yet in addition to the separatists, Pakistan and without a doubt the understudy the concept that is Jammu and Kashmir still wanted to be a part of India. However, the India government gave this past a real turn and made article370 inoperative and status of every Indian to be same.
This article is authored by Pragya Sonkhiya, Student of B.B.A. LL.B at New Law College, BVP Pune
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